South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
Renaissance Enterprises, Inc. vs. Horry County Assessor

AGENCY:
Horry County Assessor

PARTIES:
Petitioner:
Renaissance Enterprises, Inc.

Respondent:
Horry County Assessor
 
DOCKET NUMBER:
07-ALJ-17-0117-CC

APPEARANCES:
n/a
 

ORDERS:

ORDER

This matter is before the Administrative Law Court (“ALC” or “Court”) pursuant to a request for a contested case hearing filed by Renaissance Enterprises, Inc., (“Petitioner” or “Renaissance”) on March 14, 2007, challenging the valuation of real property, TMS # 131-03-08-011, (“Property”) as assessed by the Horry County Assessor for the tax year 2005. The Court issued a Procedural Order in this matter on April 5, 2007, that ordered the parties to each file a Preliminary Tax Appeal Statement (“Statement”) with the Court within thirty (30) days of the date of that Order. Further, it was ordered that, pursuant to Renaissance Enterprises, Inc. v. Summit Teleservices, Inc., 334 S.C. 649, 515 S.E.2d 257 (1999) and Rule 8(A) of the Rules of Procedure for the Administrative Law Court, Petitioner must be represented by an attorney admitted to practice in South Carolina either permanently or pro hac vice or by a certified public accountant licensed in South Carolina both at the hearing in this matter and in any filings made with the Court related to this matter.

On April 30, 2007, Brenda R. Babb filed a Statement with the Court in this matter, asserting that on March 14, 2006, Renaissance deeded the Property to her, and that the caption should be changed to reflect Brenda R. Babb as the Petitioner in this matter.

Subsequently, the Court issued an Order on June 15, 2007, finding that Renaissance was a necessary party to this action because it was the owner of the Property on December 31, 2004, and pursuant to S.C. Code Ann. § 12-37-610, was liable for property taxes assessed against the Property for the 2005 tax year. Further, the Court ordered that, to the extent Brenda R. Babb’s filing with the Court could be construed as a motion to be joined as a party to the action, it was denied. Also, the Court ordered that Renaissance file its Statement with the Court within fifteen (15) days of the date of that Order and that, pursuant to Renaissance and ALC Rule 8(A), Petitioner must be represented by an attorney admitted to practice in South Carolina either permanently or pro hac vice or by a certified public accountant licensed in South Carolina both at the hearing in this matter and in any filings made with the Court related to this matter, which included the Statement.

On June 27, 2007, Brenda R. Babb again filed a Statement on behalf of Petitioner in this matter. However, as of the date of this order, no Statement has been filed by an authorized representative of Petitioner on its behalf.

ALC Rule 23 provides:

The administrative law judge may dismiss a contested case or dispose of a contested case adverse to the defaulting party. A default occurs when a party fails to plead or otherwise prosecute or defend, fails to appear at a hearing without proper consent of the judge or fails to comply with any interlocutory order of the administrative law judge….

Petitioner has been afforded ample time to obtain an attorney or certified public accountant to represent it in this matter, and has failed to file its Statement in accordance with the Court’s Order. “There is a limit beyond which the court should not allow a litigant to consume the time of the court. . . .” Georganne Apparel, Inc. v. Todd, 303 S.C. 87, 92, 399 S.E.2d 16, 19 (Ct. App. 1990). Accordingly,

IT IS HEREBY ORDERED that this matter is dismissed with prejudice.

AND IT IS SO ORDERED.

____________________________________

July 11, 2007 Marvin F. Kittrell

Columbia, South Carolina Chief Administrative Law Judge


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